Warraich v. Choudhry
Landlord wins · 2018-02-28
- Adjudicator
- Wilton-Siegel J.
- Dispute
- Eviction, Tenant Rights
- Landlord
- A.C.
- Tenant
- S.W.
- Landlord rep
- Arnold Zweig
- Tenant rep
- Syed Abid Hussain, Marvin Ellison
What happened
The Tenant appealed a Landlord and Tenant Board order that found him to be a tenant and ordered his eviction. The Tenant claimed he was a co-owner of the property, not a tenant, and that the Board lacked jurisdiction to determine ownership. The Divisional Court dismissed the appeal, finding the Board's decision that the Appellant was a tenant was reasonable.
The ruling
The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's decision. The Court found that the Board's determination that the Appellant was a tenant and not a co-owner was reasonable. The Court ruled that there was no risk of multiplicity of proceedings or issue estoppel regarding ownership, as the Board only determined tenancy status for the purposes of the Residential Tenancies Act, not equitable ownership rights.